High Court quashed criminal proceedings against three accused involving IPC offences including 498A and 354 after finding a genuine settlement between the parties and real effect of final report filed.
Impugned FIR, charge sheet, final report and all further proceedings pending against accused persons were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 20TH DAY OF NOVEMBER 2019 / 29TH KARTHIKA, 1941
Crl.MC.No.8151 OF 2019(H)
CC 658/2019 OF TEMPORARY JUDL. FIRST CLASS MAGISTRATE COURT, NJARAKKAL
CRIME NO.1845/2018 OF Njarakkal Police Station , Ernakulam
PETITIONERS/ACCUSED:
BY ADVS.
SRI.INNOCENT FRANCIS PAPALI SRI.K.X.STERVIN RESPONDENTS/STATE/DEFACTO COMPLAINANT:
3 SINI JOB AGED 27 YEARS D/O.JOB P.V., PATHAPALLY HOUSE, ROCKWELL ROAD, KALAMASSERY, HMT COLONY, NOW RESIDING AT PATHAPALLY HOUSE, MANJUMMEL P.O., NEAR ST.JOSEPH'S HOSPITAL, ERNAKULAM-683501.
BY ADV. LITISHYA FRANCIS-R3 SRI.T.R.RENJITH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C. No. 8151 of 2019
ALEXANDER THOMAS, J.
Crl.M.C. No. 8151 of 2019
Dated this the 20th day of November, 2019
O R D E R
The petitioners herein are the accused in the impugned Anx.I FIR in Crime No.1845/2018 of Njarakkal Police Station, Ernakulam district, registered for offences punishable under Secs.354, 294(b), 498A and 34 of the IPC, which has led to the institution of Anx.II Final report in C.C No.658/2019 on the file of the Judicial First Class Magistrate Court, Njarakkal. It is stated that now the entire disputes between the petitioners and 3rd respondent defacto complainant have been settled amicably and that the 3rd respondent has sworn to Anx.III affidavit before this Court, wherein it is stated that she has settled the entire disputes with the petitioners and that she has no objection for quashment of the impugned criminal proceedings pending against the petitioners. It is in the light of these aspects that the petitioners have preferred the instant Crl.M.C. with the prayer to quash the impugned criminal proceedings against them.
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appropriate cases involving even non-compoundable offences, the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and Narinder Singh and others v. State of Punjab and anr . reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment.
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Station, Ernakulam district, which has led to the institution of Anx.II Final report in C.C No.658/2019 on the file of the Judicial First Class Magistrate Court, Njarakkal, and all further proceedings arising therefrom pending against the accused persons will stand quashed.
With these observations and directions, the Criminal Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
KAS
Crl.M.C. No. 8151 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I CERTIFIED COPY OF THE FIR NO.1845/2018 DATED 14.12.2018 REGISTERED BY THE NJARAKKAL POLICE STATION.
ANNEXURE II CERTIFIED COPY OF THE CHARGE SHEET DATED NO.400/2019, DATED 25.02.2019 TOGETHER WITH THE STATEMENTS OF THE WITNESSES.
ANNEXURE III AFFIDAVIT SWORN BY THE THIRD RESPONDENT/DEFACTO COMPLAINANT.
3 issues framed by the court
Whether the High Court can quash criminal proceedings under Section 482 Cr.P.C. where the dispute has been settled amicably by the parties.
Whether the continuance of prosecution serves any purpose after a real settlement between parties.
Whether the impugned FIR and charge sheet can be quashed based on affidavit of settlement.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶29
Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 · Who else cites this
Narinder Singh and others v. State of Punjab and anr.Applied¶29
Narinder Singh and others v. State of Punjab and anr.
2 provisions across 2 enactments
AMAL JOSE
LISSY JOSE
BINOY FRANCIS
STATE OF KERALA
SINI JOB
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
ALEXANDER THOMAS
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